Affected by 63I-1-219 on 7/1/2028 19-6-402.5. Retroactive effect. (1) The Legislature finds the definitions in this part prior to the passage of this act did not clearly set forth procedures for identifying responsible parties and interfered with effective allocation of costs of cleanup as required by this part. (2) It is the intent of the […]
Affected by 63I-1-219 on 7/1/2028 Effective 5/5/2021 19-6-403. Powers and duties of board. The board shall regulate a petroleum storage tank by: (1) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, making rules that: (a) provide for the: (i) certification of an underground storage tank installer, inspector, tester, or remover; (ii) registration […]
Affected by 63I-1-219 on 7/1/2028 Effective 5/13/2014 19-6-404. Powers and duties of director. (1) The director shall: (a) administer the petroleum storage tank program established in this part; and (b) as authorized by the board and subject to the provisions of this part, act as executive secretary of the board under the direction of the […]
Affected by 63I-1-219 on 7/1/2028 19-6-405.5. Creation of restricted account. (1) There is created in the General Fund a restricted account known as the Petroleum Storage Tank Restricted Account. (2) All penalties and interest imposed under this part shall be deposited in this account, except as provided in Section 19-6-410.5. Specified program funds under this […]
Affected by 63I-1-219 on 7/1/2028 Effective 5/4/2022 19-6-405.7. Petroleum Storage Tank Cleanup Fund — Revenue and purposes — Relation to Petroleum Storage Tank Fund. (1) There is created an enterprise fund entitled the “Petroleum Storage Tank Cleanup Fund,” which is referred to in this section as the cleanup fund. (2) The cleanup fund sources of […]
Affected by 63I-1-219 on 7/1/2028 Effective 5/5/2021 19-6-407. Underground storage tank registration — Change of ownership or operation — Aboveground petroleum storage tank — Civil penalty. (1) (a) An owner or operator of an underground storage tank shall register the tank with the director if the tank: (i) is in use; or (ii) was closed […]
Affected by 63I-1-219 on 7/1/2028 Effective 5/5/2021 19-6-408. Petroleum storage tank registration fee — Processing fee. (1) The department may assess an annual petroleum storage tank registration fee against an owner or operator of a petroleum storage tank that has not been closed. These fees shall be: (a) billed per facility; (b) due on July […]
Affected by 63I-1-219 on 7/1/2028 Effective 5/4/2022 19-6-409. Petroleum Storage Tank Fund — Source of revenues. (1) (a) There is created an enterprise fund entitled the “Petroleum Storage Tank Fund.” (b) The sole sources of revenues for the fund are: (i) petroleum storage tank fees paid under Section 19-6-411; (ii) underground storage tank installation company […]
Affected by 63I-1-219 on 7/1/2028 Effective 5/4/2022 19-6-410.5. Environmental Assurance Program — Participant fee — State Tax Commission administration, collection, and enforcement of tax. (1) As used in this section: (a) “Cash balance” means cash plus investments and current accounts receivable minus current accounts payable, excluding the liabilities estimated by the executive director. (b) “Commission” […]
Affected by 63I-1-219 on 7/1/2028 Effective 5/4/2022 19-6-411. Petroleum storage tank fee for program participants. (1) In addition to the underground storage tank registration fee paid in Section 19-6-408, the owner or operator of a petroleum storage tank who elects to participate in the environmental assurance program under Section 19-6-410.5 shall also pay an annual […]
Affected by 63I-1-219 on 7/1/2028 19-6-412. Petroleum storage tank — Certificate of compliance. (1) (a) Beginning July 1, 1990, an owner or operator of a petroleum storage tank may obtain a certificate of compliance for the facility. (b) Effective July 1, 1991, each owner or operator of a petroleum storage tank shall have a certificate […]
Affected by 63I-1-219 on 7/1/2028 19-6-413. Tank tightness test — Actions required after testing. (1) The owner or operator of any petroleum storage tank registered before July 1, 1991, shall submit to the director the results of a tank tightness test conducted: (a) on or after September 1, 1989, and before January 1, 1990, if […]
Affected by 63I-1-219 on 7/1/2028 Effective 5/13/2014 19-6-414. Grounds for revocation of certificate of compliance and ineligibility for payment of costs from fund. (1) If the director determines that any of the requirements of Subsection 19-6-412(2), Section 19-6-413, or Subsection 19-6-420(2) have not been met, the director shall notify the owner or operator by certified […]
Affected by 63I-1-219 on 7/1/2028 Effective 5/4/2022 19-6-415. Participation of excluded or exempt tanks. (1) An underground storage tank exempt from regulation under 40 C.F.R., Part 280, Subpart A, may become eligible for payments from the Petroleum Storage Tank Fund if the underground storage tank: (a) (i) is a farm or residential tank with a […]
Affected by 63I-1-219 on 7/1/2028 Effective 5/5/2021 19-6-415.5. State owned or leased tanks to participate in program. Any underground storage tank or aboveground petroleum storage tank owned or leased by the state and subject to the financial assurance requirements established by division rule shall participate in the program. Amended by Chapter 202, 2021 General Session
Affected by 63I-1-219 on 7/1/2028 Effective 5/5/2021 19-6-416. Restrictions on delivery of petroleum — Civil penalty. (1) (a) A person may not deliver petroleum to, place petroleum in, or accept petroleum for placement in a petroleum storage tank that is not identified in compliance with Subsection 19-6-411(7). (b) Beginning July 1, 2023, a person may […]
Affected by 63I-1-219 on 7/1/2028 19-6-416.5. Restrictions on underground storage tank installation companies — Civil penalty. (1) After July 1, 1994, no individual or underground installation company may install an underground storage tank without having a valid underground storage tank installation company permit. (2) Any individual or underground storage tank installation company who installs an […]
Affected by 63I-1-219 on 7/1/2028 19-6-417. Use of fund revenues to investigate certain releases from petroleum storage tank. If the director is notified of or otherwise becomes aware of a release or suspected release of petroleum, he may expend revenues from the fund to investigate the release or suspected release if he has reasonable cause […]
Affected by 63I-1-219 on 7/1/2028 19-6-418. Recovery of costs by director. (1) The director may recover: (a) from a responsible party the proportionate share of costs the party is responsible for as determined under Section 19-6-424.5; (b) any amount required to be paid by the owner under this part which the owner has not paid; […]
Affected by 63I-1-219 on 7/1/2028 19-6-419. Costs covered by the fund — Costs paid by owner or operator — Payments to third parties — Apportionment of costs. (1) If all requirements of this part have been met and a release occurs from a tank that is covered by the fund, the costs per release are […]
